On The Perfection Of Testament System Of Our Country

The testament succession is a way of succession the successor inherits the ancestor's legacy according to the effective will.The testament succession and the legal succession are two basic systems in the field of inheritance. Making a comparison between them, the testament succession makes more respect and protection for the freedom of peronal testament and is privileged in effect. Not only related and the solidarity of a family immensely, in other words, the testament succession relates with economical development and social stabilization of a country.Our country present " succession law" was found in 1985. As a result of the time reason and the legislative technology reason, the testament succession system is quite sketchy, there are many principle provisions. Along with market economy system's establishment, our country economy obtains the fast development, the citizen's private property increases greatly,. the testament is used wildly. The testament succession system starts to reveal insufficiency. Inductively, these insufficiencies manifest concretely in the following several aspects: In the testament form system aspect,the notarial testament's notarization procedure needs to be consummated.The recording testament has the hidden danger, and is difficult to judge its truth. The oral testament's"the crisis situation"is not explicit, simultaneously lacks lapse period. The free restricted system of testament lacks the necessary estate share,which gives court too much freedom, simultaneously the application scope of this system is excessively narrow,which is not effective to protect the successor right. The testament's alteration and cancellation system is simple, only has two provisions in principle. The teatament administration system is also too principle. In the process of the testament administration ,it is insufficient to protect the ancestor's creditor's benefit.In view of various systems's insufficiencies, the article puts forward it's suggestions for the legislation of our testament succession system:In testament form aspect, In the process of notarial testament's manufacture, the notary has the duty to inform and explain for ancestor, the seal testament should be increased, the oral testament's crisis situation should be regulated explicitly, the recording testament is integrated to the special testament, it is only used in the crisis situation., On the free restricted system of testament aspect, the special reserve institution should be established in our country. In the testament alteration and cancellation system aspect, we should increase the kinds of the testament alteration and cancellation , limit it's potency clearly, coordinate"the final testament potency priority"and"the notarial testament potency priority"contradiction. In the testament administration system aspect, we should establish the testament executor system and develop the protection system for the ancestor's creditor benefit.